Craven & Ors v Bellanca& Ors (p/a Giambrone & Law, Solicitors and European Lawyers) [2012] NIQB 58 (22 June 2012)

Craven & Ors v Bellanca& Ors (p/a Giambrone & Law, Solicitors and European Lawyers) [2012] NIQB 58 (22 June 2012)

The High Court of Justice in Northern Ireland does not have jurisdiction over claims by plaintiffs domiciled outside Northern Ireland in these group actions. Jurisdiction exists only for plaintiffs domiciled in Northern Ireland. The non-Northern Ireland plaintiffs must sue in their own domicile or the domicile of the defendants, which is England. The mere identity of causes of action and practical convenience do not establish jurisdiction.

Citation
[2012] NIQB 58
Parties
Plaintiffs: James Anthony Craven and Caroline Craven & Others; Defendants: Alessandra Bellanca, Anna Cinzia D’Aspra, Gabriele Giambrone p/a Giambrone & Law, Solicitors and European Lawyers; Plaintiffs: Robert Gordon Martin and Heather Elaine Martin & Others
Jurisdiction
Northern Ireland
Judgment Date
22 June 2012
Procedural Posture
Application for Determination of Jurisdiction / Interlocutory Application
Outcome
Jurisdiction declined for non-Northern Ireland plaintiffs; jurisdiction confirmed for Northern Ireland plaintiffs.
Legal Topics
Jurisdiction, Forum Non Conveniens, Consumer Contracts, Group Litigation
Civil Procedure Private International Law Consumer Law Jurisdiction Forum Non Conveniens Consumer Contracts Group Litigation

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Parties

James Anthony Craven and Caroline Craven & Others

Plaintiffs

Alessandra Bellanca, Anna Cinzia D’Aspra, Gabriele Giambrone p/a Giambrone & Law, Solicitors and European Lawyers

Defendants

Robert Gordon Martin and Heather Elaine Martin & Others

Plaintiffs

Procedural Posture

Application for Determination of Jurisdiction / Interlocutory Application

Legal Issues

  1. 1 Whether the High Court of Justice in Northern Ireland has jurisdiction over claims by plaintiffs domiciled outside Northern Ireland in group actions against foreign solicitors for breach of contract and negligence relating to property investments.

Ratio Decidendi

The High Court of Justice in Northern Ireland does not have jurisdiction over claims by plaintiffs domiciled outside Northern Ireland in these group actions. Jurisdiction exists only for plaintiffs domiciled in Northern Ireland. The non-Northern Ireland plaintiffs must sue in their own domicile or the domicile of the defendants, which is England. The mere identity of causes of action and practical convenience do not establish jurisdiction.

Court Disposition

Jurisdiction declined for non-Northern Ireland plaintiffs; jurisdiction confirmed for Northern Ireland plaintiffs.

Orders

  • The Court declines jurisdiction in respect of the plaintiffs not domiciled in Northern Ireland.
  • Proceedings may continue for plaintiffs domiciled in Northern Ireland.